Andhra Pradesh High Court - Amravati
Vadlamudi Samson Alias Vadlamudi Syam ... vs The State Of Andhra Pradesh, on 29 September, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.P. No.5429 of 2021
PROCEEDING SHEET
Sl. Office
DATE ORDER
No Note
1. 29.09.2021 CMR, J
I.A.No.1 of 2021
Dispensed with for the present.
________
CMR, J
Crl.P. No.5429 of 2021
Learned Additional Public Prosecutor takes
notice for the 1st respondent/State and requests time
to obtain instructions.
Issue notice to the 2nd respondent returnable in four (4) weeks.
________ CMR, J I.A.No.2 of 2021 The petitioner is the accused in Crime No.287 of 2019 of Ongole I Town Police Station, Prakasam District. The de facto complainant has lodged a report with the police stating that the petitioner herein along with others has posted a comment in Facebook account with a caption „isuka mafia‟ and has posted the photo of the de facto complainant along with others by the side of the said comment and thereby defamed them. The said report was registered as a case in the above crime for the offences punishable under Section 500 r/w 149 IPC and under Section 67 of the Information Technology Act, 2000 (for short „IT Act‟).
As can be seen from Section 67 of the IT Act, it is clear that only when a person publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest, the said Section attracts. Lascivious and prurient acts pertain to sexual activity. There is nothing to indicate in the F.I.R that the petitioner has resorted to any such act of publishing any such lascivious or prurient acts against the de facto complainant. Even the other ingredients of Sections are not attracted. Therefore, prima facie this Court is of the considered view that the contents of the F.I.R do not constitute any such offence under Section 67 of the Act, as rightly contended by learned counsel for the petitioner.
As regards the offence under Section 500 IPC is concerned, it is a non-cognizable offence. Further, Section 199 Cr.P.C mandates that no Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code i.e. Section 500 IPC except upon a complaint made by some person aggrieved by the offence. "Complaint" is defined under Section 2(d) of Cr.P.C, which means an allegation made orally or in writing to a Magistrate with a view to his taking action under this Code. It does not include a police report. Therefore, in view of the above said bar under Section 199 Cr.P.C, registration of F.I.R under Section 500 Cr.P.C, without there being a complaint made before the Magistrate by the aggrieved person, is also prima facie found to be unsustainable under law.
Therefore, the petitioner could make out a strong prima facie case warranting interference of this Court under Section 482 Cr.P.C to examine in the main Criminal Petition whether launching of criminal proceedings against the petitioner for the aforesaid offences in the above crime is legally sustainable or not and whether the aforesaid F.I.R is liable to be quashed or not.
Therefore, in view of the above and in the facts and circumstances of the case, there shall be interim stay of further proceedings including arrest of the petitioner pursuant to registration of the aforesaid F.I.R in Crime No.287 of 2019 of Ongole I Town Police Station, Prakasam District, till the next date of hearing.
________ CMR, J AKN